Md. Munna @ Md. Ibran @ Md. Ibrar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10302 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== 1.

MD. MUNNA @ MD. IBRAN @ MD. IBRAR Son of Noor Hasan Resident of P.M.C.H. Servant Quarter, Police Station Pirbahore, District- Patna, Presently residing at C/o Iqbal Ansari Surjahan Colony, Garahua Tola, Police Station Sultanganj, District- Patna.

2.

Gufran @ Md. Gafran Son of Noor Hasan Resident of P.M.C.H. Servant Quarter, Police Station Pirbahore, District- Patna, Presently residing at C/o Iqbal Ansari Surjahan Colony, Garahua Tola, Police Station Sultanganj, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amir Alam For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Pirbahore P.S. Case no. 194 of 2021 instituted for the offence punishable under Sections 147, 148, 149, 341, 323 and 307 of the Indian Penal Code.

As per allegation in the FIR, while the husband of the informant was sitting in his Ambulance in front of PMCH, 7-8 accused persons came there by four motorcycles and started indiscriminate firing upon him as a result of which he received two injuries and he fell down.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.10302 of 2022(3) dt.24-08-2022 2/2 has submitted that petitioner is innocent and has committed no offence. Specific allegation of firing is against Firoz, Parvez, Aftab Alam and Meer Hasan. However, against the petitioners there is general and omnibus allegation. Petitioners are said to be the member of the mob. Injury received by the informant's husband is simple in nature. They have got no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Pirbahore P.S. Case no. 194 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U